Transcripts For FOXNEWS America Reports With John Roberts S

>> john: fox news alert in brooklyn. in one hour we are expecting an update from police and the man haunt of the subway shooter. identifying frank james as the man who fired in the subway car. as hundreds of detectives search for james, we are learning what else he may have been planning. john roberts in washington. good day to you. >> gillian: i'm gillian turner in for sandra smith. new york post now has obtained a photo of a bag found at the scene, it's got fireworks inside. police also recovered a handgun, unused smoke grenades, liquid and a hatchet. >> john: and the suspect rants about race, violence and mental health. new york city mayor eric adams speaking to fox news earlier this morning. >> no matter what an individual is feeling, there is no excuse for taking an automatic weapon with a smoke bomb and a gas mask and discharge 33 rounds in our subway system. this person will be brought to justice. >> john: former nypd commissioner, and rafael coming up. but first, bryan llenas near the scene in brooklyn for us. >> investigators have still not released a motive behind the attack. they are looking into a series of youtube videos released by 62-year-old frank r. james, and the suspect is complaining about homelessness, new york city, and the mayor adams. he says he was diagnosed with a mental illness, entering the danger zone and said he was "full of hate, anger and bitterness." this as we are seeing new photos of frank james leaving a subway station. we don't know where these were taken exactly, but a law enforcement source tells me the images are from after yesterday's subway attack. and inside the n subway train, police found three extended ammo magazines, hatchet, and glock 17 nine millimeter, he purchased the gun in ohio in 2011. and telling david spunt they are trying to track james based on contacts in wisconsin and philadelphia. key to a u-haul van left inside the subway car where the attack happened, frank james rented the u-haul in philadelphia. and police later found the moving van parked five miles from the crime scene at the 36th street subway station. emergency alert sent to cell phones in new york city urging the public to help nypd find frank james, and the cameras were not functioning, and the security cameras were malfunctioning in at least three subway stations, including the 36th street station, the mayor says that they are looking into it and checking to make sure the cameras are working at the rest of the 469 stations citywide. john. >> john: a lot of people shocked why they were not working. thanks. former police commissioner howard safer, good to talk to you. mayor adams talked to fox news and spoke about the situation. listen here. >> he wanted to bring terror into our system. he wanted to intentionally terrorize those passengers, he committed a serious crime, he will be apprehended and brought to justice. >> john: they know who he is, this is a guy who appears to have no transportation, no friends in the city. are you surprised he's still at large at this point? >> well, i'm not surprised. it's a huge city with millions of people, he's going to get caught. nobody better than the nypd apprehending fugitives, the fact is he's going to get caught. that does not mitigate what he did. >> gillian: howard, an awful lot of complications choreography involved in this attack yesterday. the suspect rented this van, he stocked the van full of weapons, set off the smoke bombs, lit out these explosive devices and then the actual shooting spree itself. does it surprise you that there's only one suspect named so far? >> no, because it seems that he had this compulsion and premeditated to do this, what he had were things readily available, and unfortunately weapons are readily available, he probably purchased illegally in the pawnshop because they did not do a proper background check. subway system is a soft target. so many people going in and out, and then of course we have the atmosphere with law enforcement now where cops are demonized, bail is letting anybody on the streets, mental illness is not diagnosed when you are looking for a gun. so it's not surprising at all. and i'm -- i'm fairly certain he did it by himself. >> john: you know, howard, this guy had a presence on social media including youtube. a number of extensive rants he posted on youtube, some having to do with the lack of security as he perceived it on the subway. is what happened yesterday a direct result of government policing ideology over the past eight years, and maybe even to some degree continuing with the new administration? >> well, it's eight years and i'm going to give mayor adams the benefit of the doubt. it's going to take quite a while to undo eight years, total liberal law enforcement and courts. remember, the police are one-third of the criminal justice. you have d.a.s who let people out and judges can't set bail, it sends a signal to criminals you can commit crimes and easy thing to do. i'm hopeful with the anti-gun groups that mayor adams has put in place and hopefully doubling the number of cops on the subway we are going to have a better chance of preventing this. and of course, the only thing is technology. i was involved with the mta a number of years ago when they had a bad contractor put in most of those cameras. i'm not surprised they were not working. >> gillian: howard, you mentioned the subway system is a soft target. we heard yesterday the commuters on the train were essentially sitting ducks during this attack. so far, right, we know that ten people were shot, five of them are now in critical condition. it seems like extraordinary good fortune nobody has died so far. >> very lucky. i've always said that a shooting is a homicide with bad aim, and we are very fortunate that as i understand it, his gun jammed or he would have fired a lot more shots other than the 33 that he fired. but you know, you can't stop somebody unless you have the kind of precautions going after every fare jumper and making sure the surveillance systems work, a huge police presence, not only on the platforms but in the cars. that's what's going to prevent this. >> john: howard, let me come back to something you said a second ago, you when you were the police commissioner were a huge component getting the closed circuit tvs anywhere you could. tell us about the contractor with the cameras in the subway system. >> there was a huge lawsuit, and the issue was they were putting cameras in that did not record properly, too dark for regular cameras to see and giant lawsuit in federal court which as i understand it is still not resolved. >> gillian: howard, we are going to leave it there. thanks so much for joining us this afternoon. we appreciate it. we learned a lot from your insight as always. >> good to be with you. >> gillian: first on fox, fox news digital has captured new border images that show migrants posing for selfies in front of the unfinished border wall. the texas governor is making good on his promise to bring the border crisis straight to the president's doorstep. dozens of undocumented migrants arriving here in washington. he joins us from the capital now. hi, lucas. >> that's right, just a week ago that texas governor greg abbott threatened to send the first bus load of illegal migrants up here to the nation's capital. sure enough, just after 8:00 a.m. local, a bus showed up, 23 migrants got off the bus, 19 males, four females, and also two young children. now, i spoke to two different groups of the migrants who came off the bus. this was a private charter from texas, gillian. one of the groups of migrants is from nicaragua, one from venezuela. they wave at the bus when it deported, a private charter that came up, paid for by the texas government. these gentlemen said they were very happy to be here. when i asked what's next, the venezuelan men said they were going to get down to miami somehow, go down to florida. how are you going to afford it? we don't know, are you willing to work? of course, restaurant, hotels, wash tables, anything they could to get here. of course, hot button political topic here. next month, title 42, the trump era public health order, preventing migrants from coming in the united states, it's going to be repealed. and put forth legislation to delay the repeal for two months, and back to the group of migrants, we are told moments ago that another bus is coming up from texas. this bus left del rio texas and traveled all through the night to come here. another bus is also heading up here, about when that's going to happen, but it's on its way, we are told. >> gillian: we'll check back. thanks so much. john. >> john: new data shows wholesale prices surging to the highest level on record. 11.2% in march. as the supply chain crisis, strong consumer demand and russia's war on ukraine continue to fuel the highest inflation in decades. the key inflation measure captures the cost of goods before they reach consumers. yesterday the department of labor revealed a 40-year high of 8.5% increase year over year. >> gillian: i think one of the things in addition to gas we are feeling the hardest here in america is these grocery prices. not really a staple left on the shelves that are not, you know, representing the cost increase here. we reported yesterday, not just things like bread, milk and eggs, but salt and pepper, like orange juice, it's pretty much everything. >> john: and going back to what lucas was talking about a second ago, the people coming up on the busses have to voluntarily get on the busses as well. so -- they say who wants to go to washington, and -- 23 people put up their hand last time. >> gillian: it's ok here, i don't know if i could choose it as my number one destination if i could go anywhere in america, it's fine. >> john: i'm going to stay out of that argument. >> gillian: billionaire elon musk is twitter's largest shareholder, 9.2% of the stock, but now he's getting sued, leaving employees super stressed. >> john: the u.s. is planning to send more to ukraine, including helicopter air power. a senior defense official is saying the helicopters are off the table. what should we be sending over and is ukraine getting all the help it needs? 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the russians have said any movement of nato in ukraine of military supplies and equipment is a justifiable target to hit. that may be of some concern as well. we don't have an answer why the administration is not doing that. >> john: you can hit them in country, as long as you don't hit the supply country you are fine. this is an m109, they are not going to get. but this part of it in a towable form, 155 millimeter howitser. long range fire, 14 miles, maybe longer if you have a wrap around rocket unit on it. an indication the tone of the war is going to change from the small units with shoulder fired javelins and stingers into the much larger type of artillery? >> looks more like what world war ii looked like. but we are way behind on the scheduling here. this is equipment we should have been delivering weeks ago. a bit of a reprieve because of bad weather, rainy conditions that may impede russia's efforts. at the same time, hard to get this in, and the ukrainians fighting in mariupol have been without food, electricity and water. they are depleted in terms of their supplies. >> john: and other things, $750 million package, the armored humvees, tanks, the ones the russians are using, that is a russian tank, it has the z marking on it. but a lot of eastern european countries have these. >> slovakia has provided some and we backfilled them with patriot missiles. we need to do more. >> john: and anti-harpoon shipments. >> those cities are under siege and it's not a secret. it does not take special intelligence to know russia is going to hammer mariupol and odesa. >> john: you are saying put your equipment where your words are, mr. president. >> gillian: more political turmoil in new york. the lieutenant governor is stepping down after arrested on corruption charges. we will tell you how he tried to hide it all coming up next. >> john: and get on a plane next week, thought you could do it without a mask? not so fast. what does the science say? dr. marc siegel joins us coming up next. what do you want to leave behind? that's your why. it's your purpose, and we will work with you every step of the way to achieve it. your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire >> tech: does your windshield have a crack? trust safelite. matching your job description. >> tech vo: this customer had auto glass damage, but he was busy working from home... ...so he scheduled with safelite in just a few clicks. we came to his house... ...then we got to work. we replaced his windshield and installed new wipers to protect his new glass, while he finished his meeting. let safelite come to you. >> man: looks great. thank you. >> tech: my pleasure. that's service on your time. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪ >> john: new york's lieutenant governor brian benjamin resigning after his arrest on federal charges including bribery, conspiracy and falsifying records, all related to campaign finance fraud. eric shawn is life, scandal, scandal, scandal, eric. >> that is for sure, scandal, it cost the lieutenant governor his job and casts a cloud over the upcoming election for governor in the state. new york's second in command, brian benjamin has resigned. indicted on bribery and fraud charges and prosecutors call a brazen campaign contribution scheme that used taxpayer money to help fund his bids for office. benjamin is charged with funneling $50,000 in state government funds to a non-profit charity run by a real estate developer in exchange for that, for tens of thousands of dollars in contributions to his state senate and local city campaigns. in effect, they say he used taxpayer funds to fill his campaign coffers. and they say money went to the democratic senate campaign committee, set up to elect democrats across new york state. >> taxpayer money for campaign contributions, quid pro quo. this for that. that's bribery, main and simple. >> he was hand picked only eight months ago by kathy hochul, she came on after cuomo was not governor after last year. democratic political consultant stays the political corruption scandals only help republicans. well, that's what he says, we don't have that sound bite. he says this starts an atmosphere in his view of crime and there is something wrong at the top levels of new york state government. no word if or when there will be a replacement for the former lieutenant governor, but so far it's too late to take his name off the ballot. benjamin's name will be on it for the june primary. see who governor hochul decides to take his place to try and help her chances here in new york state. she's far more better known upstate than in new york, she's from the upstate area originally, john. >> john: one thing we can predict is selden will try to use it. eric, thank you. >> gillian: americans travelling on trains, planes and pretty much other public transport have to wait a little while longer to take their masks off. the c.d.c. announced it's going to extend the travel mandate to may 3, comes on the philadelphia order to reimpose the indoor mask mandate days from now. dr. marc siegel, also a fax news contributor. what do you make of this extension of the federal mask mandate? >> i think it extends the inconsistencies of the whole situation. c.d.c. just recently a couple weeks ago said ok, now focus on severity, on hospitalizations, on deaths, not so much on case numbers. meanwhile, everything has gone down, including case numbers. hospitalizations are at all time low from the beginning of the pandemic. deaths have gone down below 650 for the first time in a really long time. and case numbers are under 30,000 a day. so, at the time when that is happening, and i want to add the most important thing, i've now got therapeutics, i can report to you that i can get paxlovid, from c.v.s., a lot of pharmacies, the monoclonals, i have no trouble gets that. therapeutics, plenty of vaccines and rapid tests and a virus for the most part is less severe than there is less of it and. so, why would one place have a mask mandate and another not, and the last point is, if you've been on a plane lately, half the people are not wearing them properly or taking them or for hours to eat. there's no sense that you are making a safer environment there. the surgeon general told me today in an interview i just did he thinks the reason it's staying in place is for people that have to go to work and have no other way to go there, and he wants a safe environment. c.d.c. wants a safe environment. i don't think it's even working. >> gillian: dr. siegel, while i have you, i have to ask you what we have seen in washington, d.c. over the last week. according to c.d.c. data, d.c. has 75% surge in cases, and look down the street from us to capitol hill and the white house. what do you make of the very bad behavior we have seen when it comes to protecting other people? >> yeah, you put that right. i think mandates need to go, but i don't think that mitigating strategies need to go. they are two different things. we have taught the country or the government has. if we don't mandate it you don't need it, and don't have to look any farther than the government itself to see what that means. >> dr. siegel, so our viewers know what we are talking b we saw 80-year-olds gathered together in the east room of the white house, hugging each other, breathing all over them, unmasked, half had covid this week. >> the famous viral kiss. the president did not get it, but nancy pelosi had it and kissed him and he kissed her back. i would be wearing a mask, i might not choose to go to it. i don't think you can go from -- and clearly the key here is choice, by the way. it's not mandate, it's choice. you can decide on your own now what's a safe environment, but it does not mean we should throw away all precautions. >> gillian: i want to ask you about philly. they have reinstated the smafk mandate, she says cases have risen 50% in ten days and if we fail to act now knowing every previous wave of infections has been followed by a wave of hospitalizations and then a wave of deaths, it will be too late. >> completely disagree with her. she is sending the wrong message. let's look at the numbers. early january, over 6,000 cases in philadelphia county. yesterday, 330 cases. gillian, and 0 deaths. hospitalizations at an all time low in philadelphia. ticked up 100 cases and she's sounding the alarms. you know what that does, it causes more covid fatigue and it's milder. i said we have treatments. so a slight uptick in cases in an area where there is plenty of immunity around. a lot of vaccination in philadelphia, and a lot of people have had omicron ba1, now sounding alarm over ba2, that's the wrong answer. >> gillian: there are siegel, thank you as always. have a healthy and fabulous afternoon. >> you too, gillian, thank you for having me. >> john: fox news alert, some new images that come to us from the new york post that were originally part of a video that was obtained by cbs news, appears to show a man dressed in very similar description to that of frank james that was put out by the nypd yesterday entering a turnstile at an unidentified subway station. you know, we have gone back and forth over the course of the last couple of days of what color vest james was allegedly wearing. first it was orange, then it was green. this is a person wearing an orange vest, and a yellow hard hat. also carrying with him some sort of wheeled roller bag and as well, carrying a satchel. also an image of this person taken on the street as well. the incident yesterday took place just as the train was coming into the 36th street station, sunset park, brooklyn. we don't know what station this is. it appears to be a man matching the description of james just before carrying out the horrific attack yesterday. when we have more information, we will share it with you. cancelling school debt, hot button issue the president has campaigned on. something he has not ruled out. one air force veteran spoked out against the idea on linkedin and was promptly kicked off the platform for what linkedin said was hate speech. why she got boosted from social media and why her personal story should serve as an example for others. stay with us. veteran homeowners, need a financial boost? 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>> it's unbelievable, john. i'm still trying to process it all. because incredibly big and so much attention, but we need to be calling them out on this censorship. we all have a right as americans to have a voice, to have an opinion, and for big tech to come in and force us to remove posts, restrict us from our accounts, close accounts, it's absolutely unacceptable, and i'm just hoping that we'll start seeing some headway in the right direction. right now our country is on the wrong direction when it comes to freedom of speech and freedoms in general. >> john: no question you are an outspoken person and with your organization, code of vets, you are tweeting all the time, trying to help vets who are homeless or between jobs and need assistance. amazing stuff you do. and then you also give a little bit of social commentary hear. march 24, when ketanji brown jackson was asked by the senator from tennessee, marsha blackburn to define what a woman is. here is what you wrote that day on twitter. you said "rachel levine, assistant h.h.s. secretary is transgender and a man, i am a woman. girl power. twitter's response was to spend your account for 12 hours. >> they locked me out and suspended me 12 hours and in order to gain access back to my account i had to delete the post, otherwise i would not have been given my account back. it's overreach, one-sided, and it's getting worse. when they start targeting grassroots individuals like me, you know there is a serious problem with freedom of speech. i'm so grateful that you are highlighting this story and i'm hoping that we'll start seeing some positive change from it, john. >> john: the other issue here is the issue of student debt, the president as we have said has not weighed in whether or not he's going to go ahead and pull the trigger on all of this. but you as a person who grew up in public housing, you said your name was on the angel christmas tree at your community center or church said we the taxpayers should not be paying money to forgive student loan debt. tell me more about your thinking. >> you know, i grew up in poverty like you said, ate from a garden, clothes from yard sales and it was a struggle to survive day-to-day, and i made it happen. i decided at a young age i wanted a better life and i did not have a lot of guidance bs didn't know what my options were but did know about the military, my dad was a combat vet and we struggled with him and my older brother went into the army at age 17. i decided i was going to join the air force and create a life for myself. that's what i did. i met and married my husband, a great partner, from that point forward i was able to complete four degrees, two in the service and then two once i separated from the air force, and i'm proud of my journey, it was a long, hard one, and when there is a will, there is a way. i truly believe in the american dream but we are each responsible for our own dream. we do not need the government handing us money. when they do that, it's harmful. when you earn it yourself, you show more respect and you are able to nurture that. whatever it is, whatever you are doing, whatever you earn, you know, it's so much more appreciated. >> john: we know you picked yourself up by your boot straps and made a life for yourself and the life for other veterans down on their luck is quite admirable. gretchen, great to talk to you. hope to talk to you at some point. code of vets. >> gillian: texas governor greg abbott is keeping his word as a bus carrying migrants gets dropped off on the president's doorstep right here in washington, d.c. marc says it's going to turn into an all-out catastrophe, but not just at the border. we'll explain. >> spending tens of millions of state tax dollars to do something the federal government is responsible for. they are in charge of defending the border and they won't do it. . ® significantly lowered a1c better than a leading branded pill. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. need to get your a1c down? 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the trial underway in virginia. depp is suing heard for 50 million bucks for the 2018 op-ed she wrote in which she suggested she was the victim of domestic abuse. david spunt is at the courthouse in fairfax county, virginia with the details. hi, david. >> hi, jillian. you mentioned day three, day three of what the judge is expecting, at least on the calendar to be a six-week trial, believe it or not. right now court is in a break but you see some video from just a couple hours ago of the he is trained couple, johnny depp and amber heard on opposite sides of the courtroom, looking stoic. today the first witness up, who was up yesterday, johnny depp's older sister. she was also his business manager for some time, and attorneys asked her specifically about depp's prior addiction issues and substance abuse issues. listen. >> you knew the drugs were having an impact on his relationship with amber, right? >> i knew amber claimed certain things. >> but you didn't believe that they were? >> i didn't necessarily believe it, no. >> at some point in the trial depp and heard are expected to testify. when with, we don't know. >> john: jumping in with a fox news alert, local reports that fox news is working to confirm out of new york city that frank james, 62-year-old man who is wanted as a suspect in the horrific subway shooting yesterday has been arrested. again, these are according to local reports. we do not have our own confirmation of this. but yesterday he shot ten people, allegedly, frank james shot ten people and wounded almost 20 more people. there is a picture of the suspect. there is also video that is going around now showing him entering a turnstile at what we believe is now the kings highway subway station on the n train. do we still have the picture loaded? play it out a minute ago, and it shows, gillian, this alleged suspect because we don't know for sure that that video is of him wearing an orange vest and a yellow helmet. do we have that still frame we can pull back up again, we showed a couple minutes ago? and again, this was a still frame that was taken from some video that was originally obtained by cbs news, published then by the "new york post." so if you recall, was the vest orange, green, what color was the helmet. >> was he wearing a gas mask, a face covering, we don't know. pinging back and forth during the early hours attributed to the fog of war. new details, though, concrete details are emerging. there is evidence from james himself, multiple posts on social media where he rants about an alleged race war, he talks about his desire to "exterminate certain racial and ethnic groups." hundreds of officers have been on the hunt for him over the last 28, 29 hours now, so if he has been aprehenned by law enforcement and arrested, the culmination of a tremendous effort. >> john: we were speaking with howard safir at the top of the hour and asked if he was surprised he had not been apprehended yet, and you can see the backpack with the hatchet and a wheeled roller bag as well. and the person entering the turnstile was carrying the it an ement. i asked howard if he was surprised he had not been apprehended yet. and he was not surprised, but he believed an apprehension would happen soon. i was predicting earlier i thought they would probably get him today. you can develop so much more information over the course of the beginning of the day. let's bring in chris swecker, former director for the fbi. and the fact they have this guy in custody speaks to the famous -- and oh, chris, hang in, bryan llenas has confirmation of the arrest, he's been outside the brooklyn subway station since yesterday. what's the latest? >> hey, john, all i have right now, we can confirm that the 62-year-old frank james is in police custody. this is actually just coming out, obviously just a couple minutes before a press conference that was scheduled an hour ago. we can confirm the local reports that have been coming out in just the last few minutes. we have seen some video online that purports to show him being arrested, we are trying to confirm that video at this moment now. but obviously this is all leading up to the moment and the fact that we have been starting to get drips and drabs of information, particularly the photos released earlier today by the nypd showing frank james after the attack leaving a subway station, which would cause people to believe, or to think, that ultimately did frank james get away somehow by getting in a subway and then obviously, you know, staying in the subway system and finding a way to exit in the city system. that's what we should find out now. but remarkable that you know they were able to put 2 and 2 together regardless of the fact the security cameras were not working at that station, nor were they working at two additional stations in the vicinity. but you know, we were also saw that photo of him going in through the turnstiles wearing the orange and green construction vest that morning as well. as mask is coming out, more and more, and ultimately, yes, we can confirm frank james is in custody at this moment and we should be hearing more any second now. >> gillian: this is gillian. it will be interesting to find out more about where he was apprehended by law enforcement. he's been on the lam now for almost 29 hours since he undertook the shooting spree in the train station. curious to see how far he got from the scene of the crime. >> reportedly, and we cannot confirm this part of it, but reportedly he was arrested in manhattan, and that will be something that we'll be able to hopefully get clarification on at any moment now. but that would suggest that obviously this is somebody who stayed in the city, had a chance to perhaps leave, but stayed. and it is going to be interesting to see the tail of events. did he stay in the subway system and hop on board the r train across the platform that moved to the next station with some wounded people and in the chaos of the smoke and whatnot was able to get away, we don't know, we'll find out momentarily. but interesting to see, did he walk out of the 36th street station and find his way on to another subway. but ultimately, as we work to try to confirm where he was arrested, that will all be very interesting to put together. >> john: bryan, there are some images a person described as frank james exiting a subway station. we do not know, though, what subway station he was seen exiting. again, you pointed out that the r train was across the platform, just to the left of your screen there and you can hear mta officials telling people to get off the platform and police credit the fact of the train being there with the ability to get people out of the station and away from potential linger danger as a good thing. some news outlets pointed out that might have allowed the perpetrator, the suspect, frank james, to escape if he indeed got on board the train. that train follows the same path as the n train. however, it takes a tunnel into lower manhattan and reconnects up with the n train again at the canal street station. so if james was apprehended in manhattan, it's possible, given the fact he did not really have any transportation, that he stayed on the train and got out somewhere in manhattan and that's where the photographs of him exciting the subway station, minus the construction helmet and the safety vest. again, this is the kings highway station which is where the n train coming up from coney island is still local before it hits the 59th street station in brooklyn and becomes an express train into manhattan. you can see he has the orange vest, yellow construction helmet, carrying a radio as well which is interesting, and then the roller bag and as well, he's carrying a backpack via the handle on the top. by the time he's seen leaving the station, all of that gear, gillian, has been discarded. >> gillian: bryan, thanks so much, we'll get back to you. bill daly, former fbi investigator. the subject has been apprehended in manhattan. >> case of excellent police work. threaded through the various dots in the past, well, probably 26, 28 hours or so, and you know, captured the individual. so, this is a great achievement, a very tragic incident, but now we have an opportunity to know he's no longer a threat to the citizens of new york or others, and perhaps people will have justice. and one thing, back to what we were speaking about yesterday, john, you brought up the fact an a-ha moment when police finds something that leads them to this individual. at the time we did not know about the key, and you brought up the similar kind of investigation in the world trade center bombing with the axle and the serial number. the a-ha moment that brought them to the rental vehicle and to him and helped thread a lot of this together. so, that is an important point to be made in this investigation. the good investigative, on the ground, hard work. >> john: there was more a-ha left on the train yesterday than the old swedish band from the 1980s. he left the key, he left the satchel that had the fireworks and the smoke grenades, they were able to trace back to the fireworks supplier where he allegedly bought those fireworks in the summer of 2021. so, they had a tremendous amount of information to go by here, chris. >> they did have a lot of good information to go on. at the end of the day as we see here and perhaps we'll know more in a few minutes at the press conference, exactly how they went about capturing him. sounds to me like it was good old fashioned police work to be able to identify him, perhaps with the use of technology, but trying to track him through the new york system wherever he may be, whether it was on the subway, or whether out on the street, we don't know what he's been doing for the past 24 plus hours. but it is, can contribute to the hard work. also goes to show you that you know in today's technological age, we all leave a footprint and as much as we were very disappointed to know that the cameras were not working on the subway system the way they should have, police were able to overcome that and use technology also to their advantage. >> you have to imagine he did not spend a lot of time in the subway system after carrying out the attack, he would have been picked up in minutes, wouldn't he have been picked up by a camera? we know at the location he shot 20 plus people, the three were down, that was good for him, but not far getting off a train at other stations, especially going into manhattan with the beefed up security presence there, and not get detected really quickly, right? >> yeah. the technology is there, and a lot is around the exits and entrances. so if he stayed in the system and did not "surface" and leave the lower platforms, or leave a train and just go from one train to another, that may have kind of evaded kind of the cameras. but the police were flooding the subways, both public safety as well as looking for this individual. so it will be key to kind of find out exactly what brought him to capture, but i believe it was again good police work. but i would say for people to know always be aware of your surroundings. we have had some other guests, guests speaking about general awareness and many of us are kind of glued to our phones on our i-pods and what have you, and you know, to be very much aware of your surroundings, because the moments as we saw yesterday do mean a lot. >> and thanks god, john and bill he did not get out of the subway and start shooting more victims. >> john: and thank god his gun jammed. >> gillian: or didn't have note. >> john: a lot of times the shooters have multiple weapons, chris. >> they can have multiple weapons but also john, i think you brought this up yesterday, also when we spoke and something near and dear to me, it's a train i used to take and back in 1993, with the colin ferguson shooting on the long island railroad, his gun also jammed and that was the opportunity gave the people riding, the passengers riding an opportunity to overcome him after he had shot a number of individuals. so, these things, as much as these -- they have devious plans, they don't always work out the way they had envisioned. >> john: yeah, that shooting on the long island railroad in 1993 was so tragic because a total of 25 people were shot, six of them were killed. they were shot point blank with what i believe was a nine millimeters armed with the so-called black talon bullets. the gun this fellow was using yesterday was a glock 17, it's a nine millimeter and has got tremendous amount of fire power. he just luckily, and i don't know how it happened, hit people in places where the shots were not fatal. it really is remarkable. >> it is. when you think about 30 rounds were fired in a short amount of time in this perhaps blanket of smoke he unveiled on all these pedestrians, and maybe he shot blindly into the crowd. thank goodness, although several are in critical condition but no one has perished from the gunshots. but that is a miracle in this case given the number of rounds being fired randomly at various individuals. >> gillian: bill daly, thanks so much for joining us. we appreciate your expertise here as always. >> john: this is interesting, one of the local stations is saying investigators believe frank james never left the subway system, that he just kept riding around. >> gillian: 29 hours. exposed to all kinds of people. >> john: at that point he was not armed because he had dropped everything, good thing, but you never know. you can do violence with things other than a gun, correct. let's bring in former assistant director of the fbi criminal investigative division with more on this. so took a little more than 30 hours to exact an arrest, in terms of police work is pretty darn good, chris. >> yeah, i said yesterday 100% chance he would get captured probably today or this evening. i had some information this morning to that effect, they were hot on his trail. this guy was not jason borne. he was a capable attacker. he planned, had the vest and construction equipment to throw off quickly so the description was pretty worthless once he finished what he was doing, planned escape, or looked like he had because the train was just hitting the station when he started the attack. had the canisters, the smoke, time of day, location. that reflects a lot of planning but he also made mistakes. we know we have two of the most capable agencies in the world, the nypd and the fbi on this. you knew they were going to catch him sooner rather than later. i did not expect him to be in the subway system, but still, but i thought maybe he would be in the city, either philadelphia or new york. >> john: a clarification here, i read it too quickly. he may have been riding the subway system for additional hours after the shooting, not that he was still riding it while apprehended. >> gillian: chris, that said, additional ten minutes or several hours, not knowing where the suspect was, right, should authorities have shut down the system? it seems crazy they allowed him to be exposed to people underground for any amount of time. >> that is a little shocking. i mean -- best way to catch somebody, or capture somebody quickly, get the photo out quickly. they took about four hours to do that, so you know, he took off his vest, his helmet, his mask, so he's a different person now. so i can see why he was not instantly recognized until his photo went out about four hours later. so that may reflect about the time that he got out of the subway system. >> john: chris, sorry to interrupt. live to bryan llenas in brooklyn. he has more information he's managed to develop. bryan. >> hey, john. one of our producers who happened to be at the, around the location just interviewed a man who had called police and that is how they were able to arrest frank james. according to this accounting from the man who was working in the east village in manhattan, this is between 7th and 8th street and 1st after, the guy noticed frank james walking down the street with a bag and freaked out, according to this accounting of how this happened, and told police nearby hey, i think this is the guy. and everybody apparently thought he was crazy, but apparently, obviously, it was and the police were able to make the arrest of frank james, who was walking around in the east village of manhattan with a bag. and that is how the arrest happened. and again, for people who don't know new york city, manhattan is across the river and so he managed to go from brooklyn to manhattan and obviously that is, you know, we know that locals are reporting there are some reports he managed to stay in the subway system for the entirety of the time. we shall see. but new yorkers came together and helped arrest this man. >> john: when you see the east village, do you know specifically the area? >> yeah, so between 7th and 8th street on 1st avenue in manhattan, lower manhattan. >> john: over towards the east river. i'm just trying to think if he jumped on the r train could have got off at canal street in the village area and maybe walked over there as well. so -- >> gillian: that's one of the busiest subway stations in the city. >> john: it is. >> good point. >> john: this idea, too, that he was riding the subway for hours after the incident, have you heard anything on that front? >> no, i haven't heard anything on that front yet. we are working on turning the video of the eyewitness who obviously spotted frank james, but it is extraordinary, i think, that he was found just kind of walking aimlessly. and we know we talked about how he had a bag, and then left the bag on the train. when he was arrested in this instance he had a bag. so that could say maybe he left the subway system and got a bag of some sort, maybe he left with another bag after the incident, but yeah, you know, there was a $50,000 reward, people were getting emergency alerts on their phone and vigilant new yorkers came together and spotted him on the street, at least one new yorker who was actually, according to our reporting, he said he was scared that he was going to do something, and so he went to police and alerted them that he believed frank james was on 7th, on 1st avenue between 7th and 8th streets in downtown manhattan. >> gillian: bryan, we are awaiting the press conference that is going to start any moment, hopefully they can firm up details. what are you seeing right now on the ground, what are people telling you about how they feel about riding the subway today in the aftermath of this, especially now knowing frank james may have been down in there multiple hours after he shot 20 some people? >> well, look, there's no doubt that people were already apprehensive about riding the subway because of covid and the rise in crime and obviously governor kathy hochul and all of the new york state leaders have mentioned they were concerned what kind of an effect this would have on people who they were trying to -- on commuters as the city is trying to come back to life, so to speak, and they obviously believe that it was going to have a chilling effect on riders because even this morning the nypd commissioner and other leaders got on the subway and rode it and they tweeted out the video showing that they were not afraid to take the subway. so it's top of mind and vocalized even by the governor that they are extremely concerned, and living here the last 12 years i have never heard more people be more concerned and apprehensive about taking the subway than in the last couple of years, and particularly with the crime surge. but hopefully this will help people -- i think they are looking for somebody here to help them feel safer about doing this. i think the camera situation, and the fact that three cameras were malfunctioning and the mayor came out and reinforced that they were going to work on making sure that all the cameras were working at all the situations and they doubled patrols should be reassuring, but frankly, a lot said and about trying to fight crime in the transit system and yet four months in we are dealing with what we have been dealing with, 68% increase in transit crime and this mass shooting just yesterday. so i think time will tell. but obviously at least arrest here should help at least in the short-term perhaps. who knows. might have been the final straw for a lot of new yorkers. >> john: and we heard from the former police commissioner howard safir about the problems the metro had with the contractor putting in the close circuit cameras. to him, it's not surprising. bryan, we will let you develop more information. chris, we are hearing from a producer in new york we are told by a law enforcement official that frank james will face federal charges at the eastern district of new york in brooklyn bridge. your alma mater, the fbi was involved in this investigation. what would be the elevation to federal charges, because it was a transit system or something else? >> actually, i go, my mind goes toward hate crime when you look at his video rants that have a racial tint to it. sort of rails against whites, against jews, against all kinds of different people. and i'm told there are literally hundreds of these videos on youtube and maybe other media platforms. that's one possibility. transit system does not really invoke federal jurisdiction. could be a use of a weapon of mass destruction with the smoke bombs. that may be defined under the federal system as a weapon of mass destruction. i'm having trouble thinking of other federal charges here, just mass shootings, per se, don't invoke federal jurisdiction. so at least for the time being i'm leaning toward, might even be an act of terrorism. might be a terrorism statute involved, because he has a political ideology, clearly an ideology, clearly trying to intimidate the general public and clearly stated that he wanted to commit violence and mayhem in the subway system at rush hour, so several possibilities here. >> to that point, chris, political ideology, he posted specifically criticism of mayor eric adams. he said his subway sort of his bid to make the subway more safe space for people physically was laughable. we know one of the videos he posted on social media was a close-up of a subway car so he had been thinking about how people travel, where and when they travel for some time, that was posted i believe last june, that particular video. does any of that speak to terrorism charges? i mean, terrorism has to be premeditated. >> it does. i have to say as an aside, they would do anything to get this prosecution away from the local district attorney and into a federal jurisdiction where you are going to really see the law come down on him. but you make good points on that. the other statutes, there may be some obscure statute i'm not thinking of, but i suspect it's going to be one of those three, and it could very well be that these smoke grenades are considered weapons of mass destruction, that may be the hook that gets the initial indictment. >> gillian: chris, thank you for joining us. appreciate it. bring in steve rogers, retired lieutenant detective, 38 years in the nutley, new jersey police department across the river from new york city. what do you make of the news of federal charges? >> as my colleague just said, definitely a hate crime, and could be terrorism, and weapons of mass destruction, that may be one of the charges. it's very important, i believe the federal government should take over the prosecution because the full weight of the judicial system will come down on this individual and no way he's going to escape in any way, shape or form from any strong sentence in the event that he is convicted. >> john: so steve, a question that i had, and we were talking about chris about this moments ago and gillian mentioned it as well, that this guy had a huge profile on social media with these violence and racist-tinged rants that to the best of my knowledge, a, didn't get any attention from the people who run youtube, and b, not brought to the attention of law enforcement saying hey, i think we have a potential problem here. how does that slip through the cracks? >> there is the $60 million question. how did that slip through the cracks. to begin with, he was on the watch list of the fbi. now, i would say this, that the fbi needs man power, you need money, you need a lot of resources on the ground, when i say on the ground, looking at social media, constantly, 24/7. so, they don't have the man power they need to be more proactive than they could in watching people. to your point, i'm curious as to how many views were on his videos before the incident. i'm sure people are looking at it all over the place now, but how is it that somebody could do and say the things this individual did and no one took the time to see something, say something. people are letting their guard down, look, you talked about the cameras not working, how could that happen? after 9/11, how could that happen? i've gone into new york city many times, you don't see many cops on the subways in spite of what the mayor is saying. so we have to always keep our guard up. be vigilant and if you see something, say something, and the police need the man power necessary to be very proactive and hopefully prevent things like this from happening. regardless, a great job. >> gillian: steve, authorities say frank james, the suspect was spotted by bystanders in st. mark's place, we new from bryan llenas moments ago, but police were alerted to his presence by pictures on social media that showed him wandering around the area. that means again, civilians in new york city spotted him and called police. they posted photos on social media and then alerted police. what do you make of that? >> this is to a point of how policing was done years ago. you had community policing, neighborhood watch, you had the people, extended eyes and ears of the police. and here it worked, it really worked. it's so important the police get back out on the streets, meet the neighbors, meet the store keepers, become friends. let those people in the communities adopt you so they trust you. people of new york city trusted police enough to take action and they did and it's great to see the people of the city of new york come together. i happen to be proud of them, i was born and raised in brooklyn. >> gillian: steve rogers, thank you very much. appreciate it. >> john: the touch screen, show you the geographical locations where all of this took place, the relation that one has to another. forgive me if i don't draw exactly accurately on the screen, we are doing this by free hand. but the n train, which is the subway that he was on start here in coney island, up like that and this, and then jogs over, crosses the manhattan bridge, and then the broadway line, cuts to queens and then up to laguardia airport. the same train that runs along the line is the n train, up from bay ridge, meets up here but instead cuts over, goes at a lower manhattan and they meet back up in canal street. now, the kings highway station which is near where that u-haul van was found is right about there in brooklyn. that is also where apparently these images were taken that show frank james allegedly entering the subway station. the 59th street station, which is where these lines link up, is right about in here. and then between 59th and 34th street station, right about there, 36th street station, sorry, 36th street station where this all took place. now again, the reason i drew in both the n and the r lines here is because they share an amount of track and share this station here. this is a transfer station, 59th is a transfer station as well. at the time the n train rolled into the station there was an r train that was a local train which was parked on the other side of the platform, people were told to get on to that train so that they could move that train out and get people to safety. the n train comes up this way, goes through a tunnel to lower manhattan, and right about here is the union square, 14th street station and it was over here, let me erase this, right about in this area here in the east village where he was apprehended. that might be a little close to the east river, but in that area he was apprehended. so down here in brooklyn, kings highway station the u-haul van was found and photographs of him getting on the n train, getting up into that area, and then it was up here in the east village area where he was apprehended. so, it does not look too big, or too much of distance when you look here, but these five boroughs of new york are absolutely enormous, and it's a number of miles to get from here to here. and then the report, gillian, maybe he was riding the subway system for hours afterwards. we are going to hear more about this very soon. governor kathy hochul as well, gillian, just confirming news of the arrest and two minutes now until we hear from the police about all of these latest developments. >> gillian: also this just in, john, a white house producer here at fox news managed to get a word from the vice president on this. she tells aaron, i applaud all the law enforcement officials, the first responders and the new yorkers, the civilians who showed such heroism yesterday, such concern for fellow people and see what comes next in terms of this investigation and consequences for what happened yesterday. this is vice president kamala harris reinforcing a point made by chris swecker a moment ago, it was a policing effort, civilians in manhattan spotted suspect frank james yesterday, took photos and posted them on social media and then alerted law enforcement and st. mark's place where we believe he was apprehended. >> john: the see something, say something campaign in new york for years and thank god people are paying attention. new york is a place even the rich and famous can live somewhat anonymously. people don't bug them, they leave them alone for the most part. there are paparazzi that follow them around a bit, but for new workers to actually get dialed in on this and you know, within 30 hours of the incident taking place, we are going to hear from the police about this arrest that has been made and what charges the suspect who is alleged to be frank james will face going forward. it really is quite extraordinary partnership of community and police and we hear so much about defund the police, you can't trust the police, you know, all those horrible things happening. here is the public working together with the police to bring this thing to a close. it's heart warming. >> gillian: can you imagine a place on earth where it's harder to lose somebody than, i mean, easier to lose somebody than greenwich village, make times square, but an incredible feat they were able to do this. i'm more alarmed law enforcement did not apprehend him as he came out of the subway, we have the pictures from cameras there, there were cameras obviously inside the subway station, especially if he got out at the canal street platform. i wonder why they were not able to apprehend him right then and there. >> john: and again, we don't know where these photos on the right were taken from, but those, that's definitely a subway -- definitely a subway staircase he is coming out of. >> gillian: and a gate that looks like a turnstile where you enter the subway. >> john: and looks like he got rid of the paraphernalia he was wearing, certainly he left the bags on board the train. bill, reiterate for us, the fact he left everything on the train. i assume he did not want to get caught, but if you didn't want to get caught, certainly not the way to go about doing it. >> well, certainly not, and you know, you can only try to imagine as he was going through this heinous crime he panicked because the gun jammed, did not come off the way it was planned, he had a hatchet, gasoline on the train with him. >> john: hey, chris, i'm sorry, don't mean to interrupt. looks like they are beginning the news conference. >> i'm john miller, deputy commissioner for intelligence and counter terrorism of the new york city police department. with me, police commissioner, chief of detectives, the united states attorney for the eastern district of new york, mike driscoll, assistant director in charge of the fbi new york office, john davito, special agent in charge atf, working with us from the first moment of this incident and we have important information to transmit today. first we would like to go to the mayor live from gracie mansion. >> my fellow new yorkers -- we got him. we got him. cannot thank the men and women of the new york city police department enough as well as federal agents, state police, our first responders from 911 operators to medical professionals. we got him. saying to new yorkers, we want to protect the people of this city and apprehend those who believe they can bring terror to everyday new yorkers. and i want to thank every day new yorkers who called in tips, who responded to help those passengers who were injured. 33 shots. less than 30 hours later we are able to say we got him. thank you, commissioner, for your leadership, job well done. >> and now, police commissioner of the city of new york. >> good afternoon, everyone, thank you for being here. i am truly fortunate to stand here among these extraordinary investigators and federal partners to make this announcement. moments ago frank robert james was stopped on the street and arrested by members of the new york city police department. officers in response to a crime stoppers tip stopped mr. james at 1:42 at the corner of st. mark's place and 1st avenue in manhattan pt of taken into custody without incident and transported to a facility. he will be charged with committing yesterday's appalling crime in brooklyn. i want to commend all the investigators and analysts who took part in this all hands on deck investigation. literally hundreds of nypd detectives worked doggedly during the last 30 hours to bring it together. did so in tandem with law enforcement partners, including those from the fbi, nypd joint terrorism task force, crime gun intelligence center and the regional task force led by the united states marshal service. we hope this arrest brings some solace to the victims and the people of the city of new york. we used every resource at our disposal to gather and process significant evidence that directly links mr. james to the shooting. we were able to shrink his world quickly. there was nowhere left for him to run. i would like to turn it over to chief james essex for details of the investigation. >> good afternoon, everybody. i would like to update the public on yesterday's incident on the subway in brooklyn on the manhattan-bound n train. through the course of this investigation we have developed additional information and evidence. mr. frank james, our person of interest, now became a wanted individual for yesterday's horrific incident. mr. james is a male, 62 years old. he is known to us and has ties in wisconsin, ohio, pennsylvania, new jersey, and new york city. his arrest history in new york is nine prior arrests dating from 1992 to 1998. those include possession of burglary tools, four times. criminal sex act, theft of service, two times. he was arrested on a new jersey warrant. he also has a criminal tampering. he has three arrests in new jersey, 1991, 1992, and 2007. they are for trespass, disorderly conduct. so yesterday we recovered video of him prior to the incident entering the kings highway subway station. he had the same black cart that he is later recovered on the crime scene. pictures to my right over here. >> we will make those available electronically after this. >> this station is three blocks from where we recovered the u-haul truck rented in philadelphia. the key to the truck was recovered at the crime scene. the orange jacket was also recovered as well as his construction helmet he was wearing and we recovered that in the garbage bin in transit. the we believe, still early in the investigation, that after firing his weapon 33 times at innocent new york city subway riders, mr. james boarded an r train that had pulled into the station, went one stop up and exited at 25th street station. we also have a picture of that. the gun used in this, a nine millimeter glock, which was recovered at this crime scene, was bought, was purchased by mr. james in 2011 in ohio. we tracked mr. james and his last known whereabouts was 7th avenue and 9th and park slope entering the subway. minutes ago, thankfully, nypd patrol officers from the ninth precinct responded to st. mark's and 1st avenue where they apprehended him without incident. this case was quickly solved using technology, video canvassing and then getting that information out to the public. so i can't speak highly enough of the partners we had, the fbi, mike driscoll, atf, john devito, and the u.s. district attorney from eastern, and the coordination in the detective bureau, intel, transit bureau, patrol services bureau, phenomenal job, less than 30 hours later to arrest this individual. so, with that i would like to turn it over to rhian piece. >> good afternoon, thank you. yesterday was a dark day for all of us but the bright spots of the incredible heroism of our fellow new yorkers helping each other in the time of crisis, quick response by the first responders and hard work by law enforcement partners that had been ongoing is truly a bright spot here. today frank james has been charged by complaint in brooklyn federal court with one count of violating 18 u.s.c. section 1992a7 and b1, which prohibits terrorist and other violent attacks against mass transportation systems. he has been apprehended, will be arraigned in federal court in brooklyn and convicted, a sentence up to life in prison. my office is prepared to prove beyond a reasonable doubt that on april 12, 2022, in sunset park brooklyn, eastern district of new york, frank james did knowingly and without lawful authority and permission commit an act, including the use of a dangerous weapon with the intent to cause death and serious bodily injury to passengers and mta employees on the new york city subway system. the government will prove that james traveled across state lines in order to commit the offense, and transported materials across a state line in aid of the commission of the offense. we in the eastern district of new york u.s. attorney's office are working closely with all of our law enforcement partners, the fbi, nypd, u.s. marshal service and others, including the kings county district attorney office and my office and law enforcement partners will use every tool at our disposal to bring this individual justice -- and bring justice to new yorkers and restore safety and peace of mind to all and we'll continue to do so as this case proceeds. thank you. >> good afternoon, thank you all for being here today. as he just discussed, mr. james is now facing a federal charge for his actions. a terrorist attack on mass transit. we have two ways that you can get in contact with us because i want to be very clear that this is still an ongoing investigation. if you have additional information regarding mr. james' activity or if you have additional information, please reach out to us. contact the fbi, 800-call-fbi, or provide digital media through fbi.gov/brooklyn shooting. we need to hear from you so we can fully understand all the events that have occurred over the last 30 hours. it's crucial that we receive the assistance of the public as we piece this case together. there has been some reports that fbi holdings to date had a tie to mr. james. i want to be very clear that to date we have found no record of an investigation of frank r. james by an fbi office before the shooting yesterday. and the reports new mexico field office previously investigated him are inaccurate. i want to thank our partners in this case, nypd, the atf, u.s. marshals and the u.s. attorney's office and all the members of the fbi and nypd joint terrorism task force. we have had such a tremendous response from all our partners in the case that have led us to this moment now. i also want to take a quick moment to highlight the work of the jttf. i'm fortunate i get to work with them every day, truly an outstanding group of people, led by carrie farly, outstanding job on this as they have every time new york has faced a threat of this nature. thank you, and turn it over to john devito. >> good afternoon, everyone. again, john devito, special agent in charge for atf here in new york state. one of the key points they pointed out we could not done this without the public's help. first let me say our thoughts and prayers and actions for the past two days have been with the victims, as well as all new yorkers. the men and women of atf have been working side-by-side with nypd, marshals, fbi, to solve this heinous crime which we have. immediately after the attack new york city crime intelligent center was a unit with highly skilled analysts from atf, nypd and other partners, whose purpose is to collect, analyze and disseminate the intelligence of gun violence. exploiting every nugget of intel from gun violence, firearms, and then weaponizing that information to use it against the people terrorizing our communities. the timeline on this gun's life spans 16 years and five states. i'm very proud to say yesterday evening about 12 hours after the attack atf agents closed the loop on the extensive time span and determine that frank james purchased the firearm from a federal firearms licensee in ohio 2011. so we tied the gun to our target and now we have our target in custody. thank you. >> ok. we are going to be, we told you, almost everything we have to say, able to answer some very limited questions. >> crime stoppers tip -- [inaudible] >> there was a person who called crime stoppers. we are reviewing who exactly made the call. >> commissioner, do you have another one -- one of the videos, two yesterday [inaudible] does that have any significance and is it clear yet what the motivation was? >> i think first and foremost we were looking to get the guy off the street before he did any more, brought any more carnage to the city. as to the investigation of motive and scouring the social media, that's still part of the ongoing investigation. but again, first and foremost we wanted to take him off the street, the investigation is continuing into the motive, to a social media post. >> you said mr. james walked into a subway station, what time was that, and then [inaudible] >> 9:15 yesterday. so the incident occurs at 8:24. so he leaves, he exited the 25th street station house shortly after 8:24, the r train pulls in, we catch him next going into a park slope on 7th avenue and 9th street at 9:15. and then we grab him today. but we had literally hundreds of detectives out scouring video throughout the crime scene and beyond. >> 9:00 a.m.? >> excuse me? >> 9:00 a.m.? >> park slope, yes, him yesterday at 9:15. >> do you have any idea where he was previously today? any ideas on his whereabouts, track him in any way? >> his arrest was just literally minutes ago, so we have not even -- just arrived at the precinct shortly. as to his whereabouts, that's part of the investigation. detectives are outgoing through video canvasses and we are going to backtrack that and that will take literally weeks. >> two-part question. first, the nypd previous to yesterday's attack have any complaints or did they look into think cameras [inaudible] and additionally, any indication that mr. james was going to do any more attacks in new york city? >> we'll get back to the cameras. >> as far as doing any more attacks, that's again, that's part of the investigation. our main focus was to take him off the street immediately. >> do you know how he purchased the gun? did he have a criminal record? >> you can't have a felony conviction to purchase a gun. he will no felony convictions. >> how are you? >> hi. >> the mayor's security detail return [inaudible] >> we are not going to discuss that. julia. >> can you take us from the crime stoppers tip to the arrest? what happened in between? how was he located. >> crime stoppers tip today? >> yeah. >> good afternoon. crime stoppers tip comes in, reports the male is in the mcdonald's on 6th street and 1st avenue, he's not in the mcdonald's, they start driving and the neighborhood looking for him, they see him on the corner of st. mark's and 1st and they take him into custody. no incident, and they take him into custody. >> [inaudible] >> so the camera systems in the subway system are not nypd cameras. they are owned and maintained by the mta. we have access to them, we do regularly look to see which are working and which are not, but the responsibility is the mta. >> you are going to make the officers who made the apprehension available [inaudible] >> not at this time, if we do, we will let you know. >> any of the surviving victims and people on the train, have you been able to glean what he said or did on the train that yields more about his motivation and what he intended to do? >> we have witnesses on the train who said he was sitting in the back corner of the second car and he popped the smoke grenade, and we have one witness who says what did you do, and he pops the two, and brandishes the firearm and fires 33 times. we are in the process, and we are asking for anybody's help who was on that subway train, on that platform to reach out to crime stoppers at 800-877-tips with any information. we still are looking for witnesses and anybody who has information who was on the scene. >> "new york times." >> can you tell us anything more about the glock gun? heard initially it had jammed. i know from what experts say that glocks are not supposed to do that, one of the selling points, but more about if that's the case. >> our crime scene is still processing that scene. it goes to the lab and they will give us a report. it's still very early in the investigation for that. >> all right. tony. >> [inaudible] >> that's correct. the statute is titled "terrorism and other violent attacks in mass transportation." there's a federal interest, of course, in protecting mass transportation hubs and infrastructure, and so that's the jurisdiction, but we are not going to comment further, still investigating the motive and things like that. i can't comment further. >> last question to juliette. >> social services about [inaudible] >> that's going to be part of the investigation as well, we are not going to speak to that at this moment. >> the answer is the arrests in the 1990s -- [inaudible] >> part of our investigation as well, juliette. thank you. >> one more question. >> the last, last question. >> i'm wondering if there is -- do you have any motive in terms of sunset park, why sunset park or was it random? >> no idea. so, just to close, we also want to acknowledge our partners, sometimes jousting partners in the media for putting the pictures out, for spreading the story from the time we did the press conference yesterday. that was a critical effect on raising the kind of public awareness that as the commissioner said was able to give him very few choices in terms of where to go. so we appreciate your efforts as well. thank you very much. >> john: that wraps up the press conference there by the new york city police department, headed by john miller, who is in charge of terrorism there at the new york city police department for so many years and that's what this appears to be a case now of. a terrorist attack on a mass transit system. bill daly is still with us, former fbi investigator. bill, what do you make of the fact we are seeing a full screen picture of frank james being arrested, and whave some video we will roll of that. what do you make of the time to apprehension, 29 hours from the time the attack took place to the time he's in custody inn facing federal charges of terrorism. >> it's outstanding. these type of cases do not roll out like in the hour, and in this instance a person pops up with a gas mask on and is committing heinous act in the subway and to kind of piece it together in a city of over 8 million people is really tremendous. and point out the fact that i think you said earlier, john, see something, say something, and over the years is watered down, seems to be a catch line to everything. but in this case it goes to show you it was the cooperative effort between the public who saw him, perhaps they were notified and aware of it because either media or social media, but in any case, they pointed him out at mcdonald's, the police did not see him there, searched the area and police work on the ground observed him and caught him on the streets of new york. kind of an outstanding story, if you will. and things to be looked at, what was he doing the last 30 hours, has he met anyone, anyone else he was familiar with or friendly with involved, we don't know that, not suggesting that's the case, but missing gaps of time even though they have pictures of him in and out of the subway system, and the other thing that struck me, john, the fact he does have this long kind of rap sheet if you will. i did not listen that closely to know whether they are all convictions but yet he still had the weapon for over a decade or more that he purchased in ohio. so the question would be, you know, at what point should someone have seen he had this weapon and would the charges and perhaps conviction warrant that weapon to be surrendered. so, a couple of things along the way. many other questions i'm sure police are looking at from his mental make-up to other motives behind this, but at the end of the day i think the 30 hours plus from the commencement of this crime to his capture is outstanding. >> gillian: one thing we know, bill, out of the press conference he did do in the intervening time go into a mcdonald's off 6th street and st. mark's street, odd thing for a suspect on the lam to do when law enforcement is looking for him. he faces up to life in prison, the government plans to prove james traveled across the state line in order to commit the offense and transported materials across the state line in aid of the commission of the offense. is this, are these the core components of the terrorism charge here? >> those seem to be the core components, the state aspect of this, not being a lawyer but trying to speak like one, in addition to these he could face state charges subsequently to being convicted, unless the state relieves him of those charges, and just goes with the federal charges. but federal charges, if convicted, are heavy enough he would be put away for a very, very long time. >> gillian: i think we are going to -- bill, hold on one moment. i think we are going to go over to john for an update, and take a look at the aerial map on the ground. >> john: i want to fill in a couple of things here. we know that the train station is here, and the n and the r lines come up together through this area, and then 25th street station which is about here. we talked about this idea that maybe frank james, like everybody else did, just went across the platform and got on to that n train which police confirm yes he did and then he got out here at the 25th street station. this was a little after 8:30 in the morning. but then the next time that he was spotted, and we see the photographs of him coming out of the 25th street station, the next time police got a glimpse of him was at the park slope station here. this is the f and the g train. it's probably likely that i think he probably would have boarded an f train as opposed to the g train. if i can come out here to the wider picture, the g train kind of goes out like, sorry, the g train kind of comes out and goes this way and stays in brooklyn and up into queens, but then the f train crosses over here into manhattan, not far from st. mark's place and 1st avenue where he was discovered. so it's interesting he went out of the subway system, bill, and then back into the subway system some minutes later and may have stayed there for some time after that. >> yeah, it is quite surprising. i'm not surprised he stayed in new york city, and not hopped on a bus or train and taken him out to new jersey or other points west, but kind of goes to show you perhaps this person's state of mind. but i think you are right. this kind of hopping across the train like everybody else does when the train is out of service and the way he got out of the immediate area and then kind of dance through the subway system and in and out of it over the past 30 hours. you know, it does also bring up some other things we mentioned before. cameras, making sure they are all working, and we need to make sure ours work as well. >> gillian: thanks for your time this afternoon. appreciate it. >> john: thank you, bill. it does bring up the point made yesterday, did police by allowing that r train to leave facilitate his escape and it would seem that indeed was the case. >> gillian: and then the remaining other question, once they knew all this was underway, they allowed the subway to stay open. >> john: that's going to do it for us. i'm >> martha: thank you, john and gillian. good afternoon. i'm martha maccallum at fox news headquarters in new york. so they got him, frank james, as you have seen playing out over the course of this afternoon. the suspect who is accused of firing his gun 33 times on a new york subway injuring dozens of people including in that group a pregnant woman and a child believed to be around 12 years old. he is now though, thanks to very

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